[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
This chapter shall be known and may be referenced as the "Utility Facilities in Public Rights-of-Way Ordinance."
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
The purpose of this chapter is to:
1.
Permit and manage reasonable access to and utilization of the public rights-of-way for utility services purposes and conserve the limited physical capacity, integrity, and longevity of those public rights-of-way held in trust by the City consistent with applicable state and federal law;
2.
Secure fair and reasonable compensation to the City and its residents, who have invested substantial public funds to acquire, build, and maintain the public rights-of-way and City-owned structures and improvements therein, for utilization of the public rights-of-way by persons who generate revenue by placing, owning, controlling, using, leasing capacity or operating utility facilities in the rights-of-way;
3.
Assure that all persons owning or operating utility facilities or providing utility services within the City shall register and comply with the ordinances, rules, policies, and other regulations of the City, as well as with applicable provisions of state and federal law;
4.
Assure that the City can continue to fairly and responsibly protect the public health, safety, and welfare of its residents;
5.
Encourage the provision of advanced and competitive utility services on the widest possible basis to the residents, businesses and visitors within the City; and
6.
Comply with applicable provisions of state and federal law.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
1.
The City has jurisdiction and exercises regulatory management over all public rights-of-way within the City under authority of the Oregon Constitution, the City Charter, and state law.
2.
The City has jurisdiction and exercises regulatory management over each public right-of-way, whether the City has a fee, easement, or any other legal interest in such public right-of-way, and whether the legal interest in the public right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure, or any other means.
3.
The exercise of jurisdiction and regulatory management over a public right-of-way by the City is not official acceptance of such public right-of-way, and does not obligate the City to maintain or repair any part of such right-of-way.
4.
The provisions of this chapter are subject to and shall be applied consistent with applicable state and federal laws, rules and regulations, and shall be interpreted to be consistent with such laws, rules, and regulations. Nothing in this chapter: (a) is intended to preempt any state or federal law, rule, or regulation; and (b) shall be interpreted, deemed, or applied in a manner that authorizes or requires the City, its council, commissions, boards, officials, directors, managers, employees, agents, contractors, or volunteers to preempt or violate applicable state or federal laws, rules, or regulations.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
1.
The fees and costs provided for in this chapter, and any compensation charged and paid as required in this chapter, are separate from, and in addition to, any and all other federal, state, county and/or City charges, including, without limitation, any permit fee or any other generally applicable fee, tax, or charge on the business, occupation, property, or income, as may be levied, imposed, or due from a utility service provider, its customers or subscribers, or on account of the lease, sale, delivery, or transmission of utility services.
3.
The fees, costs, and other charges provided for in this chapter are subject to applicable federal and state laws.
[Ord. No. 2804, Added, 1-2-2019; Amended, 11-19-2024 by Ord. No. 2948; Amended 9-16-2025 by Ord. No. 2931]
For the purpose of this chapter, the following words, terms, phrases, and their derivations shall have the meanings given below unless the context indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular include the plural number. The word "shall" is always mandatory and not merely directory.
is to be defined consistent with of 47 U.S.C. Section 522(6), as may be amended or superseded, and means the one-way transmission to subscribers of: (a) video programming; or (b) other programming service; and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
means the City of Lake Oswego, Oregon, a municipal corporation, and its governing authority. In addition, the City may refer to all the territory within its corporate boundaries and as such may change from time to time.
means the City Council of the City of Lake Oswego.
means the person holding the position of City Engineer of the City of Lake Oswego or designee of the City Engineer.
means City or publicly owned structures or equipment located within the public rights-of-way or public easement used for governmental purposes including, but not limited to, fiber-optic cable, street lights, traffic signals, sanitary sewer, storm sewer, or water infrastructure such as related pipes, manholes, catch basins, wires, conduit, valves, vaults, and appurtenances.
means the person holding the position of City Manager or the City Manager's designee.
means all applicable City construction, engineering and design standards and policies related to utility facilities and work in the rights-of-way, including the Wireless Facilities in the Public Rights-of-Way Policy, in effect at the time of any work.
means any service provided for the purpose of transmission of information including, but not limited to, voice, video or data, without regard to the transmission protocol employed, whether or not the transmission medium is owned by the provider itself. Communications services includes all forms of telephone services and voice, video, data, or information transport, but does not include: (a) cable service; (b) open video system service, as defined in 47 CFR Section 76(c); over-the-air radio or television broadcasting to the public-at-large from facilities licensed by the Federal Communications Commission or any successor thereto; (d) public communications systems; and (e) direct-to-home satellite service within the meaning of Section 602 of the Telecommunications Act of 1996, Pub. L. 104–104, 110 Stat. 56 (1996).
mean calendar days, unless otherwise noted.
means the federal administrative agency, or its lawful successor, authorized to regulate and oversee telecommunication carriers, services and providers on a national level.
means any and all amounts, of any kind, nature or form, without deduction for expense, less net uncollectibles, derived from the operation of utility facilities in the City (including revenue derived from any leases or other agreements allowing use of utility facilities to other person(s)) or the provision of utility service(s) in the City, subject to all applicable limitation in federal and state law. Gross revenues shall not include: (1) any tax, fee, or assessment imposed on customers by any municipality, state or other governmental unit and collected by the utility service operator or utility service provider for pass-through to a government agency; or (2) sales of bonds, mortgages, or other evidence of indebtedness, securities, or stocks.
means the authorization granted by the City to a utility services operator pursuant to this chapter.
means any person that holds a valid License issued by the City under this chapter.
means and includes any individual, firm, sole proprietorship, corporation, company, partnership, co-partnership, joint-stock company, trust, limited liability company, association, local service district, governmental entity, or other organization, including any natural person or any other legal entity.
means any system owned or operated by a government entity or entities that are primarily for use for internal communications or communications with other government entities, and includes services provided by the state of Oregon pursuant to ORS Sections 190.240 and 283.140. A public communications system does not include any system used for sale or resale, including trade, barter, or other exchange of value, of communications services or capacity on the system, directly or indirectly, to any person.
means and includes the space in, upon, above, along, across, over, or under the public streets, roads, highways, lanes, courts, ways, alleys, boulevards, bridges, sidewalks, public utility easements, and other public ways or areas generally open to the public for vehicular travel, including the subsurface under and air space over these areas, but does not include parks, parkland, open space tracts, water quality tracts, or other City-owned property. This definition applies only to the extent of the City's right, title, interest and authority to grant a license to occupy and use such areas for utility facilities.
means the space in, upon, above, along, across, over, or under an easement for the construction, reconstruction, operation, maintenance, inspection and repair of utility facilities. A public utility easement does not include an easement solely for the construction, reconstruction, operation, maintenance, inspection, and/or repair of City facilities, or where the proposed use by the utility services operator is inconsistent with the terms of any easement, right-of-way, or other legal right for use or occupancy granted to the City.
means the state of Oregon.
means the entire width between the right-of-way lines of a local street, collector, or arterial capable of providing the principal means of access to abutting property.
means any physical component of a utility service system, including, but not limited to, the poles, pipes, mainlines, conduits, ducts, cables, wires, transmitters, plants, equipment, and other facilities, located within, on, along, under, or above the public rights-of-way, any portion of which is used or designed to be used to deliver, transmit, or otherwise provide utility service.
means the provision, or intent to provide, by means of utility facilities located within, on, along, under, or above the public rights-of-way, whether or not such facilities are owned by the utility service provider, of electricity, natural gas, communications services, wireless communications services, or cable services, to or from customers within the boundaries of the City, or the transmission of any of these services through the City whether or not customers within the City are served by those transmissions. "Utility service" shall not include the provision of such services owned or operated by the City of Lake Oswego.
means any person who owns, places, operates, or maintains a utility facility within the City.
means any person who provides utility service within the City, regardless of whether or not the person owns the utility facilities used to provide the utility services.
means any wireless service using Federal Communications Commission-licensed or unlicensed spectrum including, without limitation, any personal wireless services, as defined in 47 U.S.C. § 332(c)(7)(C).
means the construction, demolition, installation, replacement, repair, maintenance, or relocation of any utility facility, including, but not limited to, any excavation and restoration required in association with such construction, demolition, installation, replacement, repair, maintenance, or relocation.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
1.
Registration required; exemption. Every person that owns utility facilities in the City, and every person that uses utility facilities in the City to provide utility service, regardless of whether the person owns the utility facilities used to provide the utility services or not, and regardless of whether customers within the City are served by those facilities or not, shall register with the City prior to deploying any utility facilities within the public rights-of-way or providing any utility services. Every person required to register pursuant to this section shall register within 45 days of the effective date of this chapter, provided, that a utility service operator with an unexpired City franchise agreement in effect and in good standing shall register within 45 days of the expiration of the franchise.
2.
Annual registration. After registering with the City under subsection 1 of this section, the registrant shall, by December 31 of each year, file with the City a new registration form if it intends to deploy or operate utility facilities or provide utility service at any time in the following calendar year.
3.
Registration application. The registration shall be on an application form provided by the City and shall be accompanied by any additional documents required by the City to identify the registrant and its legal status, describe the type of utility services provided or to be provided by the registrant, and list the facilities over which the utility services will be provided.
4.
Registration fee. Each application for registration shall be accompanied by a nonrefundable registration fee in an amount to be determined by resolution of the City Council.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
1.
Every person who owns, places, operates or maintains utility facilities in the public rights-of-way shall have at all times a license under this chapter from the City. Every person shall obtain a license prior to conducting any work or placing any utility facilities in the public rights-of-way.
2.
The license requirement in subsection 1 shall not apply to those utility service operators with an unexpired City franchise agreement in effect and in good standing, provided, that every such franchised utility service operator shall apply for a license under this chapter (or obtain a franchise per LOC § 51.01.070(17)) within 45 days of the expiration of a valid franchise from the City.
3.
License application. The license application shall be on a form provided by the City, and shall be accompanied by any additional documents required by the City, at no cost to the City, that allows the City to easily identify the applicant, its legal status, including its authorization to do business in the state of Oregon, a description of the type of utility service provided or to be provided by the applicant and/or other persons, and the facilities over which the utility service will be provided, and other information that the City determines is necessary to determine the applicant's ability to comply with the terms of this chapter. Subject to any restrictions in state or federal law, the City Manager may from time to time and without further authorization from the City Council publish or otherwise make publicly available any additional or different application requirements as the City Manager finds necessary or appropriate for processing applications, which shall be effective immediately upon publication.
4.
License application fee. The application shall be accompanied by a nonrefundable fee set by resolution of the City Council.
5.
Determination by City. The City shall issue, within 60 days after having received a duly filed, complete application, a written determination granting or denying the license in whole or in part. If the license is denied, the written determination shall include the reasons for denial. The license shall be evaluated based upon the provisions of this chapter, the continuing capacity of the public rights-of-way to accommodate the applicant's proposed utility facilities and the applicable federal, state and local laws, rules, regulations and policies.
6.
Changes to information contained in the license application. Within 30 days of a change to any material information contained in the license application during the term of the license or any renewal, the licensee shall notify the City in writing of such change(s).
7.
Rights granted.
a.
A license granted under this chapter authorizes and permits the licensee to construct, place, maintain, and operate utility facilities in the public rights-of-way and provide utility services for the term of the license, subject to the provisions of City code, rules, regulations and polices, and other applicable provisions of state and federal law.
b.
Each license granted under this chapter authorizes only those utility facilities and utility services applied for by the applicant and approved by the City. The City may approve the provision of multiple services in one license.
c.
A license granted under this chapter shall be personal to the licensee and may not be assigned, sublicensed, or transferred, in whole or in part, except as permitted by this chapter.
d.
A license granted under this chapter does not grant, convey, create, or vest in a licensee any real property interest in land, including any fee, leasehold interest, or easement, and does not convey equitable or legal title in the public rights-of-way. The license is subject to all recorded deeds, easements, dedications, conditions, covenants, restrictions, encumbrances and claims of title of record that may affect the public rights-of-way. A license granted under this chapter is not a warranty of title. Licensee expressly acknowledges and agrees to enter on to and use the public rights-of-way in its "as-is and with all faults" condition. The City makes no representations or warranties whatsoever, whether express or implied, as to the public rights-of-way's condition or suitability for the licensee's intended or proposed utilization. By its acceptance of the license, the licensee expressly acknowledges and agrees that neither the City nor its agents have made, and the City expressly disclaims, any representations or warranties whatsoever, whether express or implied, with respect to the physical, structural or environmental condition of the public rights-of-way, and the present or future suitability of the public rights-of-way for the licensee's use.
e.
The issuance of a license does not constitute a waiver or bar to the City's exercise of any governmental right or power, including, without limitation, the City's police powers and regulatory powers, regardless of whether such powers existed before or after the license is issued.
8.
Term of license. Subject to the termination provisions in subsection (14) of this section, the license granted pursuant to this chapter will remain in effect, unless otherwise stated in the license, until expiration, which is determined as follows:
9.
License nonexclusive. No license granted pursuant to this section shall confer any exclusive right, privilege, license, or franchise to occupy or use the public rights-of-way for delivery of utility services or any other purpose. The City expressly reserves the right to grant licenses, franchises, or other rights to other persons, as well as the City's right to use the public rights-of-way, for similar or different purposes.
10.
Reservation of City rights.
a.
The City reserves all rights, title, and interest in its public rights-of-way. A license granted under this chapter does not prevent the City from exercising any of its rights, including, without limitation, grading, paving, repairing, or altering any public rights-of-way, constructing, laying down, repairing, relocating, or removing City facilities or establishing any other public work, utility, or improvement of any kind, including repairs, replacement, or removal of any City facilities.
b.
If any person's utility facilities interfere with the construction, repair, replacement, alteration or removal of any public rights-of-way, public work, City utility, City improvement, improvement that implements a City urban renewal agency project, or City facility, except those providing utility services in competition with a licensee, the person's utility facilities shall be removed or relocated as provided in this chapter, in a manner acceptable to the City and consistent with industry standard engineering and safety codes.
11.
Multiple services.
a.
An operator that provides, transmits, or allows the provision or transmission of utility services and other services over its facilities is subject to the license and public right-of-way fee requirements of this chapter for the portion of the facilities and extent of utility services delivered over those facilities.
b.
An operator that provides or transmits more than one utility service over its facilities is not required to obtain a separate license or franchise for each utility service; provided, that it gives notice to the City of each utility service provided or transmitted and pays the applicable fee for each utility service.
c.
An operator is not required to pay any fee owed to the City by a third party using a utility service operator's facilities.
12.
Transfer or assignment. A licensee shall obtain the written consent of the City prior to the transfer, sublicense, or assignment of a license, which consent shall not unreasonably be withheld, unless the licensee demonstrates to the City that state or federal law specifically prohibits the City from requiring its prior written consent. A transfer, sublicense, or assignment shall only be authorized if the proposed transferee or assignee is authorized under all applicable federal, state, and local laws to own or operate the utility system and the transfer or assignment is approved by all agencies or organizations required or authorized under federal, state, and local laws to approve such transfer, sublicense, or assignment.
a.
If a license is transferred, sublicensed, or assigned, the transferee, sublicensee, or assignee shall become responsible for fulfilling all the obligations under the license at the time of transfer, sublicensee, or assignment. A transfer or assignment of a license does not extend the term of the license. Without limiting any other rights the City may have to condition its consent, the City may condition its consent on any such transfer, sublicense, or assignment on the transferee, sublicensee, or assignee's written agreement to assume all licensee's obligations under the license.
b.
Notwithstanding anything in this section to the contrary, a licensee may, by written notice to the City, assign all its rights under a license to an entity that acquires all or substantially all the licensee's assets in the market in which the City is located.
13.
Renewal. At least 90, but no more than 180 days before the expiration of a license granted under this section, a licensee seeking renewal of its license shall submit a license application to the City, including all information and fees required in this chapter as may be supplemented by the City Manager. The City shall review the application and grant or deny the license within 60 days after the application is duly filed. If the City determines that the licensee is in violation of the terms of this chapter at the time it submits its application, the City may require, by a written notice, that the licensee cure the violation or submit a detailed plan to cure the violation within a reasonable period of time, as determined by the City, before the City will consider the application or grant the license.
14.
Revocation or termination.
a.
Revocation or termination of a license. The City Council may terminate or revoke the license granted pursuant to this chapter for any of the following reasons:
i.
Violation of any of the provisions of this chapter;
ii.
Violation of any provision of the license;
iii.
Misrepresentation in a license application;
iv.
Failure to pay taxes, compensation, fees, or costs due the City after final determination of the taxes, compensation, fees, or costs;
v.
Failure to restore the public rights-of-way after work as required by this chapter or other applicable state and local laws, ordinances, rules, and regulations;
vi.
Failure to comply with technical, safety, and engineering standards related to work in the public rights-of-way; or
vii.
Failure to obtain or maintain any and all licenses, permits, certifications, and other authorizations required by state or federal law for the placement, maintenance, or operation of the utility facilities.
b.
Standards for revocation or termination. In determining whether termination, revocation, or some other sanction is appropriate, the following factors shall be considered:
c.
The City shall not give a refund or credit of any kind for revoked or terminated licenses.
15.
Notice and cure. The City Manager shall give the licensee written notice of any apparent violations before revoking or terminating a license. The notice shall include a statement of the nature and general facts of the violation or noncompliance and provide a reasonable time of not to exceed 30 days for the licensee to demonstrate that the licensee has remained in compliance, that the licensee has cured or is in the process of curing any violation or noncompliance, or that it would be in the public interest to impose a penalty or sanction less than termination or revocation. If the licensee is in the process of curing a violation or noncompliance, the licensee must demonstrate that the licensee acted promptly and continues to actively work toward compliance. If the licensee does not respond within the reasonable time stated in the notice, the City Manager shall refer the matter to the City Council, which shall provide a duly noticed public hearing to determine whether the license shall be terminated or revoked.
16.
Termination by licensee.
a.
If a licensee ceases to be required to have a license, the licensee may terminate the license upon a 30 day notice to the City Manager. Licensee may reapply for a license at any time. The City will not give any refunds or credits of any kind for licenses terminated by the licensee.
b.
Within 30 days after surrendering a license, the licensee shall file a final remittance form with the City Manager stating, "final remittance" and shall remit any funds due.
c.
Upon surrendering a license, the licensee shall file a statement that it has removed, or will remove within 60 days, any and all of licensee's facilities from the public rights-of-way, per LOC § 51.01.090. Upon removal of all facilities, the licensee is no longer is subject to the provisions of this chapter.
17.
Franchise agreements. If the public interest warrants, as determined by the City Council in its sole and absolute discretion, the City and utility service operator may enter into a written franchise agreement that includes terms that clarify, enhance, expand, waive, or vary the provisions of this chapter, consistent with applicable state and federal law. The franchise may conflict with the terms of this chapter with the review and approval of the City Council. The franchise shall be subject to the provisions of this chapter to the extent such provisions are not in conflict with any such franchise. In the event of a conflict between the express provisions of a franchise and this chapter, the franchise shall control. The person requesting a franchise agreement in lieu of a license shall pay a non-refundable fee, set by resolution of City Council, for the purpose of covering the City costs of negotiation, which the City may require prior to commencing franchise negotiations.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
1.
City Engineer's policies, standards, specifications, and other guidelines. The City Council authorizes the City Engineer to develop, amend, and publish or otherwise make publicly available any policies, standards, specifications, and other guidelines for the location, design, and management and operation of utility facilities in public rights-of-way subject to this chapter. All such policies, standards, specifications, and other guidelines:
a.
Shall be consistent, and not in conflict with, the provisions of state, federal, and local law, which includes this chapter and the Wireless Facilities in the Public Rights-of-Way Policy; and
b.
Shall be effective upon their publication; provided, however, that any applications submitted prior to publication shall be subject to the policies, standards, specifications, and other guidelines in effect when the submittal occurred.
2.
Preconstruction approval. Prior to the commencement of any work upon, over, under, or across any of the streets, highways, or other public rights-of-way within the jurisdiction of the City, the person intending to perform the work shall advise the City Engineer in writing of the location and shall obtain from the City Engineer written approval prior to commencement of such work. In evaluating such request, the City Engineer may consider whether the proposed utility facilities comply with any applicable law, which includes without limitation City standards. Not less than 48 hours before commencement of any work that might affect City utilities, the person intending to perform the work shall contact the Oregon Utility Notification Center for the purpose of utility location. The location of all such utility facilities shall be at places approved by the City. All work shall be in compliance with the applicable City standards then in effect.
3.
Construction permits. No person shall perform any work on utility facilities within the public rights-of-way without first obtaining all required permits. The City Engineer shall not issue a permit for any such work unless the person is a licensee or has a current franchise with the City and all applicable fees have been paid.
4.
Applications for permits. Applications for permits to construct utility facilities shall be submitted upon forms to be provided by the City Manager and shall comply with LOC § 42.04.110 and, if applicable, the Wireless Facilities in the Public Rights-of-Way Policy, and be accompanied by drawings, plans, and specifications in sufficient detail to demonstrate:
a.
That the utility facilities shall be constructed in accordance with City standards and all other applicable laws, codes, rules, and regulations.
b.
The location and route of all utility facilities to be installed above ground or on existing utility poles and, if the utility service operator owns the existing utility poles, a comprehensive summary, including ownership and structural condition, of any and all infrastructure currently attached to the pole. Unless approved in writing by the City Engineer, the construction of new utility poles is prohibited. An existing utility pole that is damaged or failing may be repaired or replaced in accordance with City standards.
c.
The location and route of all utility facilities on or in the public rights-of-way to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route that are within the public rights-of-way. Applicant's existing utility facilities shall be differentiated on the plans from new construction. A cross section shall be provided showing new or existing utility facilities in relation to the street, curb, sidewalk, or other public rights-of-way.
d.
The construction methods to be employed for protection of existing structures, fixtures, and City facilities or other utility facilities within or adjacent to the public rights-of-way, and description of any improvements that applicant proposes to temporarily or permanently remove or relocate.
5.
All permit applications shall be accompanied by the verification of a qualified and duly authorized representative of the applicant that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules, and regulations. Permit applications shall be accompanied by a written construction schedule, which shall include an estimated start date and a deadline for completion of work. The construction schedule is subject to approval by the City Engineer. Subject to any restrictions in state or federal law, the City Manager may from time to time and without further authorization from the City Council publish or otherwise make publicly available any additional or different application requirements as the City Manager finds necessary or appropriate for processing applications, which shall be effective immediately upon publication.
6.
Prior to issuance of any permit, the applicant shall pay the applicable permit fees in the amount determined by resolution of the City Council.
7.
If satisfied that the application, plans, and documents submitted comply with all requirements of this chapter, the City Engineer shall issue a permit authorizing the work in the rights-of-way, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as they may deem necessary or appropriate (but only to the extent permitted by applicable state and federal law).
8.
Except in the case of an emergency that poses an imminent threat to public health or safety and/or injury to persons or property, the permittee shall notify the City Engineer not less than 14 days in advance of any work in the public rights-of-way.
9.
All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the utility facilities. The City and its representatives shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements.
10.
All work that does not comply with the permit, the approved or corrected plans and specifications for the work, or the requirements of this chapter, including City standards, shall be removed or corrected at the sole expense of the permittee. The City Manager is authorized to issue stop work orders in order to assure compliance.
11.
The permittee shall promptly complete all work in compliance with all applicable laws and in a manner designed to avoid unnecessary disruption and minimize unavoidable disruption of the public rights-of-way and other public and private property. All work within the public rights-of-way, including without limitation any restoration work, must be completed within 120 days of the date the construction permit is issued unless the City Engineer has approved an extension or an alternate schedule.
12.
Injury to persons or property. An operator shall preserve and protect from injury or damage City facilities and other utility facilities in the public rights-of-way, the public using the public rights-of-way and any adjoining property, and take other necessary measures to protect persons and property, including, but not limited to, buildings, walls, fences, trees, City facilities and other utility facilities that may be subject to damage from the permitted work. An operator shall:
a.
Use suitable barricades, flags, flagging attendants, lights, flares, and other measures as required for the safety of all members of the general public;
b.
Comply with all applicable Americans with Disabilities Act requirements; and
c.
Comply with all the requirements of the Manual on Uniform Traffic Control Devices (MUTCD).
13.
Restoration. An operator shall be responsible for all injury to persons or damage to public or private property resulting from its failure to properly protect people and property and to carry out the work regardless of whether the work is performed by an operator or performed by an independent contractor performing the work on behalf of the operator.
a.
When an operator, or any person acting on its behalf, does any work in or affecting any public rights-of-way, it shall, at its own expense, promptly restore such ways or property to the same or better condition as existed before the work was undertaken, in accordance with applicable federal, state and local laws, codes, ordinances, rules, and regulations, including City standards, unless otherwise directed by the City.
b.
If weather or other conditions beyond the operator's control do not permit the complete restoration required by the City, the operator shall temporarily restore the affected public rights-of-way or property. Such temporary restoration shall be at the operator's sole expense and the operator shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Any corresponding modification to the construction schedule shall be subject to approval by the City.
c.
If the operator fails to restore public rights-of-way or property as required in this chapter, the City shall give the operator written notice and provide a period of time not less than 10 days and not exceeding 30 days to restore the public rights-of-way or property. If, after said notice, the operator fails to restore the public rights-of-way or property as required in this chapter, the City may cause such restoration to be made at the expense of the operator. In cases where the City believes that an emergency or threat to public safety exists, it may act without notice to and at the expense of the operator. Upon receipt of an invoice from the City for the costs incurred, the operator shall reimburse the City within 30 days for the costs the City incurred.
14.
Inspection. Every utility facility shall be subject to the right of periodic inspection by the City to determine compliance with the provisions of this chapter and all other applicable federal, state and local laws, rules and regulations, including the City standards. Every operator shall reasonably cooperate with the City in permitting the inspection of utility facilities in a timely manner after request by the City. The operator shall perform all testing, or permit the City or its agents to perform any testing at the operator's expense, required by the City to determine that the installation of the utility facilities and the restoration of the public rights-of-way comply with the terms of this chapter and applicable federal, state and local laws, rules and regulations, including the City standards.
15.
Coordination of construction. All operators shall make a good faith effort to both cooperate with and coordinate their work schedules with those of the City and other users of the public rights-of-way.
a.
Prior to January 1 of each year, operators shall provide the City Manager with a schedule of known proposed work activities for that year in, around, or that may affect the public rights-of-way and any City facilities.
b.
At the City's request, operators shall meet with the City Manager annually, or as determined by the City Manager, to schedule and coordinate work in the public rights-of-way.
c.
All work locations, activities, and schedules within the public rights-of-way shall be coordinated as ordered by the City Manager to minimize public inconvenience, disruption, and damages to persons and property.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
1.
Location of utility facilities.
a.
Unless otherwise agreed to in writing by the City Manager, whenever any existing electric utilities, cable facilities, or communications facilities are located underground within a public right-of-way of the City, an operator with permission to occupy the same public right-of-way shall locate its utility facilities underground at its own expense.
b.
Whenever all new or existing electric utilities, cable facilities or communication facilities are located or relocated underground within a public right-of-way of the City, an operator that currently occupies the same public right-of-way must relocate its utility facilities underground concurrently with the other affected utilities to minimize disruption of the public rights-of-way, absent extraordinary circumstances or undue hardship as determined by the City Manager and consistent with applicable state and federal law.
c.
The requirements in this section do not apply to antennas, pedestals, cabinets, or other above-ground equipment of any utility service provider for which the City has approved above-ground placement, or utility facilities used for transmission of electric energy at nominal voltages in excess of 35,000 volts.
2.
Map of location of utility facilities. Utility service operators shall provide annually by February 1, at no cost to the City, a comprehensive map showing the location of all utility facilities in the City. Such map shall be provided in a format acceptable to the City Manager (e.g., Shapefile or Geodatabase), with accompanying data sufficient for the City Manager to determine the exact location of utility facilities. The map shall identify any changes that occurred from the prior map on file.
3.
Interference with the public rights-of-way. No operator or other person may locate or maintain utility facilities so as to interfere with the use of the public rights-of-way by the City, by the general public, or by other persons duly authorized to use or be present in or on the public rights-of-way. Utility facilities shall not be located in areas of restricted sight distance or interfere with the proper function of traffic control signs, signals, lighting, or other devices that affect traffic operation. All utilization of the public rights-of-way shall be consistent with City standards.
4.
Relocation of utility facilities.
a.
When requested to do so in writing by the City, an operator shall, at no cost to the City, temporarily or permanently remove, relocate, change, or alter the position of any utility facility within a public right-of-way, including relocation of aerial facilities underground, except as such utility facilities are not required to be located underground pursuant to subsection (1)(c) of this section.
b.
Nothing herein shall be deemed to preclude the operator from requesting reimbursement or compensation from a third party, pursuant to applicable laws, regulations, tariffs, or agreements. However, the operator shall timely comply with the requirements of this section regardless of whether it has requested or received such reimbursement or compensation.
c.
The City Manager shall coordinate the schedule for relocation of utility facilities and, based on such effort, shall provide written notice of the time by which the operator must remove, relocate, change, alter, or underground its utility facilities. If an operator fails to remove, relocate, change, alter or underground any utility facility as requested by the City Manager and by the date established by the City Manager, the operator shall pay all costs incurred by the City due to such failure, including, but not limited to, costs related to project delays, and the City Manager may cause, using qualified workers in accordance with applicable state and federal laws and regulations, the utility facility to be removed, relocated, changed, altered or undergrounded at the operator's sole expense. Upon receipt of an invoice from the City Manager, the operator shall reimburse the City within 30 days for the costs the City incurred.
5.
Removal of unauthorized utility facilities.
a.
Unless otherwise agreed to in writing by the City, within 30 days following written notice from the City or such other time agreed to in writing, an operator and any other person that owns, controls or maintains any abandoned or unauthorized utility facility within a public right-of-way shall, at its own expense, remove the utility facility and restore the public right-of-way to City standards.
b.
A utility system or utility facility is unauthorized under any of the following circumstances:
i.
The utility facility is outside the scope of authority granted by the City under the license, franchise or other written agreement. This includes utility facilities that were never licensed or franchised and utility facilities that were once licensed or franchised but for which the license or franchise has expired or been terminated. This does not include any utility facility for which the City has provided written authorization for abandonment in place.
ii.
The utility facility has been abandoned and the City has not provided written authorization for abandonment in place. A utility facility is abandoned if it is not in use and is not planned for further use. A utility facility shall be presumed abandoned if it is not used for a period of one year. An operator may attempt to overcome this presumption by presenting plans for future use of the utility facility to the City, which will determine application of the presumption in its sole discretion.
iii.
The utility facility is improperly constructed or installed or is in a location not permitted by the construction permit, license, franchise, or this chapter.
iv.
The operator is in violation of a material provision of this chapter and fails to cure such violation within 30 days of the City Manager sending written notice of such violation, unless the City Manager extends such time period in writing.
6.
Removal by City.
a.
The City retains the right and privilege to cut or move any utility facilities located within the public rights-of-way of the City, without notice, as the City Manager may determine to be necessary, appropriate or useful in response to a public health or safety emergency. The City shall use qualified personnel or contractors consistent with applicable state and federal safety laws and regulations to the extent reasonably practicable without impeding the City's response to the emergency.
b.
If the operator fails to remove any utility facility when required to do so under this chapter, the City may remove the utility facility using qualified personnel or contractors consistent with applicable state and federal safety laws and regulations, and the operator shall be responsible for paying the full cost of the removal, including the administrative, personnel, collection, and legal costs incurred by the City in removing the utility facility and obtaining reimbursement. Upon receipt of an invoice from the City with reasonable supporting documentation, the operator shall reimburse the City for the costs the City incurred within 30 days. The obligation to remove shall survive the termination of the license or franchise.
c.
The City is not liable to any person for any damage to utility facilities, or for any consequential losses resulting directly or indirectly from any damage caused by the City's actions, including actions of any City contractor, in removing, relocating, altering, or undergrounding the utility facilities, unless such damage arises directly from the City's sole active negligence or willful misconduct.
7.
Engineering designs and plans. The operator shall provide the City with as-built plans or system maps of their utility facilities, upon request, for the purpose of design of other City infrastructure or to confirm existing conditions.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
An operator may lease or otherwise provide capacity on or in its systems to others ("lessees"); provided, that:
1.
The operator provides the City with the name and business address of any lessee;
2.
The use of the operator's capacity does not require or involve any additional equipment owned or operated by the lessee to be installed on the utility facility; and
3.
The operator maintains control over and responsibility for the utility facility at all times.
Nothing in this section relieves or lessens the restrictions or requirements of this chapter.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
1.
Every operator shall install and maintain all utility facilities in a manner that complies with applicable federal, state and local laws, rules, regulations, policies, and City standards. The operator shall, at its own expense, repair and maintain utility facilities from time to time as may be necessary to accomplish this purpose.
2.
If, after written notice from the City Manager of the need for repair or maintenance, an operator fails to repair and maintain utility facilities as requested by the City Manager and by the date established by the City Manager, the City may perform such repair or maintenance using qualified personnel or contractors at the operator's sole expense. Upon receipt of an invoice from the City Manager, with reasonable supporting documentation, the operator shall reimburse the City for the costs the City incurred within 30 days.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
1.
If the City vacates any public rights-of-way, or portion thereof, that an operator uses, the operator shall, at its own expense, remove its utility facilities from the vacated public rights-of-way unless: (a) the City reserves a public utility easement, which the City shall make a reasonable effort to do; provided, that it is practicable to do so and there is no expense to the City; or (b) the operator obtains an easement from the owner for its utility facilities.
2.
If the operator fails to remove its utility facilities within 30 days after a public right-of-way is vacated, or as otherwise directed or agreed to in writing by the City Manager, the City may remove the utility facilities in accordance with LOC § 51.01.090(6).
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
1.
Rights-of-way fee.
a.
Every person that owns, places, operates or maintains utility facilities in the City's public rights-of-way, and every person that utilizes utility facilities to provide utility service(s) in the City, whether or not the person owns the utility facilities utilized to provide the utility service(s), shall pay the public rights-of-way fee for every utility service provided in the amount determined by resolution of the City Council.
b.
A person that both owns, places, operates or maintains utility facilities in the City's public rights-of-way and utilizes utility facilities to provide utility service(s) in the City shall deduct from the total amount due pursuant to subsection (1)(a) the lower of the two fees imposed pursuant to that subsection or, in the event the fees are the same, deduct from the total amount due the full amount of one of the fees.
c.
Fees required by subsection (1)(a) shall be reduced by any franchise fees, but in no case shall be less than zero dollars ($0).
2.
a.
Unless otherwise agreed to in writing by the City Manager, the rights-of-way fee shall be paid quarterly, in arrears, within 30 days after the end of each calendar quarter and shall be accompanied by an account of gross revenues, if applicable, and other information sufficient to illustrate the calculation of the amount payable. The City Manager may issue a remittance form, and if so issued, the utility service operator or utility service provider shall complete the form when submitting payment.
b.
Upon request by the City Manager, the utility service operator or utility service provider shall provide, at no cost to the City, any additional reports or information the City Manager deems necessary, in the City Manager's sole discretion, to verify the amount due from the operator or provider. Such information may include, but is not limited to: chart of accounts; total revenues by categories and dates; list of products and services; narrative documenting calculation; details on number of customers within the City; or any other information needed for the City Manager to easily verify compliance.
c.
No acceptance of any payment shall be construed as accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable.
3.
The calculation of the rights-of-way fee required by this section shall be subject to all applicable limitations imposed by federal or state law.
4.
The City reserves the right to enact other fees and taxes applicable to the persons subject to this chapter. Unless expressly permitted by the City in enacting such fee or tax, or required by applicable state or federal law, no person may deduct, offset or otherwise reduce or avoid the obligation to pay any lawfully enacted fees or taxes based on the payment of the rights-of-way fee or any other fees required by this chapter.
[Ord. No. 2931, Added, 9-16-2025]
1.
Penalties and interest imposed by this section are in addition to any penalties that may be assessed in this chapter or under other ordinances or regulations of the City.
2.
Any person who has not submitted the required remittance forms or remitted the correct fees when due as provided in LOC § 51.01.130 shall pay a penalty listed below in addition to the amount due:
a.
First occurrence during any one calendar year: 10% of the amount owed or $25.00, whichever is greater.
b.
Second occurrence during any one calendar year: 15% of the amount owed or $50.00, whichever is greater.
c.
Third occurrence during any one calendar year: 20% of the amount owed or $75.00, whichever is greater.
d.
Fourth occurrence during any one calendar year: 25% of the amount owed or $100.00, whichever is greater.
3.
If the nonpayment or underpayment of any fee due is because of intent to evade the provisions hereof, an additional penalty of 25% of the amount owed or $500.00 whichever is greater, shall be added thereto in addition to other penalties provided in this chapter and as allowed by law. In the absence of an explanation for nonpayment or underpayment due to the operator or provider's negligence or financial inability to pay any fee due, a rebuttable presumption of intent to evade obligation exists.
4.
In addition to the penalties imposed, any person who fails to remit any fee amount when due shall pay interest at the rate of 1.5% per month or fractions thereof, without proration for portions of a month, on the total amount due (including penalties), from the date that the remittance first became delinquent, until received by the City.
5.
Every penalty imposed, and such interest as accrues under the provision of this section, shall be merged with, and become part of, the fee required to be paid.
6.
The City Manager, in their sole discretion, shall have the authority to reduce or waive the penalties and interest due under this section.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
1.
The City Manager may audit or request information from any person subject to this chapter at any time to review or verify compliance with the requirements of this chapter, including, but not limited to, payment of any applicable fee, rights-of-way fee or franchise fee. The City Manager shall make a written request for audit or information and the person must comply with the request, at no cost to the City, within 30 days of receipt of the City Manager's written request, or such other time as agreed to in writing.
2.
Every operator shall make available for inspection by the City Manager at reasonable times and intervals all maps, records, books, diagrams, plans and other documents maintained by the operator with respect to its utility facilities within the public rights-of-way. Access shall be provided within the City unless prior arrangement for access elsewhere has been made with the City Manager.
3.
In the event an audit or review finds that a utility service operator or utility service provider is not in compliance with the provisions of this chapter, the City Manager shall present a report to the utility service operator or utility service provider of the findings of the audit or review. The utility service operator or utility service provider shall have 30 days to review the report and to file any objection to the report with the City Manager. If no objection is filed within the 30-day period, the findings of the report shall be final. If the utility service operator or utility service provider objects to the findings, the City Manager and utility service operator or utility service provider shall meet within the City within 30 days of the filing of the objection and review the relevant information in an effort to mutually agree upon the findings or otherwise resolve the matters raised in the audit or report. If the utility service operator or utility service provider and City Manager are unable to mutually agree, the dispute shall be submitted to arbitration with the Arbitration Service of Portland (or such other arbitration service designated by the City Manager) within 30 days after the utility service operator and utility service provider and City Manager are not able to mutually agree. The utility service operator or utility service provider and City Manager may agree upon an alternative method or timeline for dispute resolution. The cost of arbitration shall be borne equally by the utility service operator or utility service provider and the City.
4.
If the City Manager's audit or review of the books, records and other documents or information of the operator or utility service provider demonstrates that the operator or provider has not paid or has underpaid the rights-of-way fee or franchise fees by 2% or more in any 12-month period, the operator or utility service provider shall reimburse the City for the cost of the audit or review, in addition to any interest or penalty owed as provided by this chapter or as specified in a franchise agreement.
5.
Any nonpayment or underpayment, including any interest, penalty or cost of review or audit shall be paid within 30 days of the City Manager's notice to the operator or utility service provider of such nonpayment or underpayment.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
1.
Insurance.
a.
All operators shall maintain in full force and effect the following liability insurance policies that protect the operator and the City, as well as the City's officers, agents, and employees, with limits not less than the amounts established by City Council resolution:
b.
The limits of the insurance shall exceed those established by the City Council resolution to the extent necessary to at least equal the maximum limits of liability imposed on municipalities of the state of Oregon under the Oregon Tort Claims Act (ORS 30.260 - .300). The insurance shall be without prejudice to coverage otherwise existing and shall name, or the certificate of insurance shall name, as additional insureds the City and its officers, agents and employees. The coverage must apply as to claims between insureds on the policy. The operator shall provide the City 30 days prior written notice of any cancellation or material alteration of said insurance. If the insurance is canceled or materially altered, the operator shall maintain continuous uninterrupted coverage in the terms and amounts required. The operator may self-insure, or keep in force a self-insured retention plus insurance, for any or all of the above coverage.
c.
The operator shall at all times maintain on file with the City a current certificate of insurance, or proof of self-insurance acceptable to the City Manager, certifying the coverage required above.
2.
Indemnification.
a.
To the fullest extent permitted by law, each operator shall defend, indemnify and hold harmless the City and its officers, employees, agents and representatives from and against any and all liability, causes of action, claims, damages, losses, judgments and other costs and expenses, including attorney fees and costs of suit or defense (at both the trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity in any way arising out of, resulting from, during or in connection with, or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failure to act or other misconduct of the utility service operator or its affiliates, officers, employees, agents, contractors, subcontractors or lessees in the construction, operation, maintenance, repair or removal of its utility facilities, work in the public rights-of-way, and/or in providing or offering utility services over the utility facilities, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a franchise agreement. The acceptance of a license under LOC § 51.01.070 shall constitute such an agreement by the applicant whether the same is expressed or not.
b.
Every operator shall also indemnify the City for any damages, claims, additional costs or expenses assessed against or payable by the City arising out of or resulting, directly or indirectly, from the operator's failure to remove or relocate any of its utility facilities in the public rights-of-way in a timely manner, except to the extent the operator's failure arises directly from the City's negligence or willful misconduct.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
Every person subject to this chapter shall comply with all applicable federal and state laws and regulations, including regulations of any administrative agency thereof, as well as all applicable ordinances, resolutions, rules and regulations of the City, including the City standards, heretofore or hereafter adopted or established.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
If any person is required by this chapter to provide books, records, maps or information to the City that the person reasonably believes to be exempt from public disclosure under the Oregon Public Records Law (ORS 192.311 et seq), the person shall plainly mark each book, record, map or information with "Claim of Exemption from Public Disclosure." If the City receives a public records request to inspect the marked material, the City shall, to the extent reasonably possible, notify the person who submitted the marked material of the request for disclosure. The submitter shall timely submit evidence and argument regarding the claim that the marked material is exempt from public disclosure. The City shall then proceed with review and decision based on the Oregon Public Records Law. Nothing in this section abrogates ORS 192.335. The City shall not be required to incur any costs to protect such documents, other than the City's routine internal procedures for complying with the Oregon Public Records Law.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
No person may occupy or encroach on a public right-of-way without the permission of the City. The City grants permission to use public rights-of-way by franchises, licenses, and permits.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
The exercise of jurisdiction and regulatory control over a public right-of-way by the City is not official acceptance of the right-of-way and does not obligate the City to maintain or repair any part of the public right-of-way.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
1.
In addition to any other remedy provided in this chapter, a violation of any provision of this chapter is a civil violation and shall be enforced under the provisions of LOC Article 34.04. Each day that the violation exists or continues shall constitute a separate violation. Each civil violation shall be punishable by a fine of not less than $100.00 and not more than $1,000.00.
2.
The rights, remedies and penalties provided in this chapter are cumulative, are not mutually exclusive, and are in addition to any other rights, remedies and penalties available to the City under any other provision of law, including, without limitation, any judicial or other remedy at law or in equity for enforcement of this chapter.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
1.
The provisions of this chapter shall be interpreted to be consistent with applicable federal and state law, and shall be interpreted, to the extent possible, to cover only matters not preempted by federal or state law.
2.
If any article, section, subsection, sentence, clause, phrase, term, provision, condition, covenant or portion of this chapter is for any reason declared or held to be invalid or unenforceable by any court of competent jurisdiction or superseded by state or federal legislation, rules, regulations or decision, the remainder of this chapter shall not be affected thereby but shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof, and each remaining section, subsection, sentence, clause, phrase, term, provision, condition, covenant or portion of this chapter shall be valid and enforceable to the fullest extent permitted by law. In the event any provision is preempted by federal or state laws, rules or regulations, the provision shall be preempted only to the extent required by law and any portion not preempted shall survive. If any federal or state law resulting in preemption is later repealed, rescinded, amended or otherwise changed to end the preemption, such provision shall thereupon return to full force and effect and shall thereafter be binding without further action by the City.
[Ord. No. 2804, Added, 1-2-2019; Amended 9-16-2025 by Ord. No. 2931]
To the extent that this chapter is not in conflict with and can be implemented consistent with existing franchise agreements, this chapter shall apply to all existing franchise agreements granted to operators by the City.